LEGAL ISSUES FOR SMALL BUSINESS (FARM) OWNERS:  REAL-LIFE CASES

 

REAL-LIFE CASES

CASE FACTS LAWSUIT
Case 1 (1998)

Plaintiff:  Contractor

Defendant:  me

Construction of covered arena that wasn't what I ordered. Contractor placed a $35,000 lien against my horse farm, sued me for the balance on the contract for a pre-manufactured steel building to cover my 110'x240' horse arena.  

After two attorneys, $50,000+ in attorney fees, I finally won "piddlings" on my own in arbitration.  The contractor refused to pay me what I am owed, and refused to release the lien against my property as ordered by the court in 2003.

I filed a suit against the contractor to get what I am entitled to, and the judge dismissed it because I didn't have an attorney, and fined me almost $5,000.  During the hearing, the judge threatened twice to throw me in jail if I disagreed with him, without provocation.

 
Case 2

(1991)

Plaintiff:  me

Defendant:  Trainer

Trainer flipped my horse over in the round-pen, smashed her withers, and didn't call me or the vet. I sued the negligent trainer and the incorporated farm name he operated under.  Judge decided the trainer was shielded by the corporation, even though he was the sole person responsible and the sole beneficiary of the business.  Judge ignore persuasive testimony of my expert vet witness.
 
Case 3

(1995)

Plaintiff:  Veterinarian

Defendant:  me

 

I asked the vet to come out to my farm in my absence to give substitute collostrum to a newborn foal.  Vet came out, left a bill, but didn't give the collostrum.  The foal died the next day of severe sepsus. Vet sued me for payment, and won, because the judge would not let me call my expert witnesses, would not let me submit persuasive evidence, instructed the jury to ignore my closing statement, and on how to rule.
 
Case 4

(1994)

Plaintiff:  Landlord

 

Defendant:  me

I leased a horse farm, and a couple months later, a developer wanted to buy the property.  The landlord and his family made it impossible for me to continue doing business at the farm, through atrocities you couldn't imagine, including stabbing boarder's horses in the leg at night, breaking my kitten's neck, and shooting at the horses.  

After enduring unbelievable harassment, I moved out and sent my boarders elsewhere.

Landlord refused my rent and took me to court to evict me for non-payment.  I won that one, but the judge limited my continued use of the 60+ acres to 15 acres and the barn, because the lease was ambiguous.

Landlord next sued me for leaving.  I pled "constructive eviction" (i.e. they forced me to leave).  In a court-ordered non-binding arbitration hearing, the judge said he was ruling against me because I "need to pay (my) dues to the legal system.  Get a lawyer."

I hired an attorney for a flat $1200 fee.  He dismissed my counterclaim to make the case cheaper for him, wiping out my only defense.  Another attorney filed my claims as another case, and the court dismissed it and I was fined $1,200.  I didn't know the second attorney was under suspension for reason of mental incompetence (alcohol).  I had to pay to buy myself out of a trial when my only defense was barred by the court.  Judge said, "You are bound by the mistakes of your lawyer."

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